The Story of the Case: Trial Lawyers & Case Theory (LAW-795-014)
Tigar, Lockie

In this course, we will spend five three hour classes discussing famous trials, and examining how advocates formulate "the story of the case." During this time, each of you will choose a case about which to write a term paper involving significant original research and writing. From the sixth to the eleventh week of the semester, you will conduct research and write your paper. During this process, you will confer with the instructors at each stage. This paper will meet the law school writing requirement. Maximum enrollment is 18.

The schedule of the course is as follows:

Writing component:

1. Choose a trial by the third class session, in consultation with instructors.
2. Submit an outline with a detailed list of source materials by week 6; meet instructors to discuss.
3. Submit first draft by week 8, to be returned within one week by instructors with comments.
4. Submit second draft by week 11. More discussion with instructors.
5. Final paper due one week from end of semester.

Seminar component:

• Week 1: Readings from Ferguson, The Trial in American Life, including material on Burr trial.
• Week 2: Transcript and appellate opinions from State v. Norman.
• Week 3: Materials on two Vioxx cases.
• Week 4: Materials on U.S. v. Nichols.
• Week 5: To Kill a Mockingbird.

Other materials may be assigned to supplement these.

Selecting a Paper Topic:

Students will choose a trial about which to write an original paper. Some of the potential trial topics have been the subject of much other writing, and the student who chooses such a case will have to look for a fresh approach that reflects original thinking and research. Cases suitable as paper topics must involve substantial research in primary sources - trial transcripts and contemporary accounts. Although students are free to submit proposals for any case they wish, the following are offered as live possibilities:

• The trial of Sir Thomas More. A great deal has been written about this trial, but there are fresh insights to draw about the personalities of More and Henry VIII.
• The trial of Queen Carolina for adultery. This trial brought Lord Brougham to the fore as one of England's greatest advocates. The trial was held before the House of Lords, as they were the Queen's "peers," and was based on the allegation that she had committed adultery.
• The trials of Oscar Wilde. Centering on Wilde's reckless decision to sue for libel, these trials resulted in Wilde being jailed.
• The Haymarket trial. A famous trial, followed by an equally celebrated pardon of the surviving defendants.
• The trial of Big Bill Haywood, leader of the IWW. One of Darrow's great cases.
• The trial of Dr. Ossian Sweet. Another Darrow case, this one involving race relations.
• The Scopes trial. Immortalized in the play (and movie) Inherit the Wind, the version of events that has become "accepted" is perhaps too favorable to Darrow and too unforgiving of Bryan. Dudley Field Malone was also a defense counsel in this case. He was at that time married to a WCL graduate.
• The trials of suffragettes in 1917-18. These cases brought Dudley Field Malone to public notice as an advocate. One of the defendants later attended WCL. Issues of women's rights, the right to demonstrate and prison conditions.
• The trial of O.J. Simpson
• The trial of Michael Jackson
• The Pennzoil-Texaco case.
• A case involving liability for the drug Vioxx.